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Tasmanian Industrial Commission

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T12247

 

TASMANIAN INDUSTRIAL COMMISSION

Industrial Relations Act 1984
s.32(7A) application to rescind an award

Minister Administering the State Service Act 2000
(T12247 of 2005)

LEGAL PRACTITIONERS AND APPRENTICES AT LAW AWARD

 

COMMISSIONER JP McALPINE

HOBART, 19 December 2005

Rescission of award - application dismissed

REASONS FOR DECISION

[1] This application, lodged by the Minister Administering the State Service Act 2000 (the Minister), sought to rescind the Legal Practitioners And Apprentices At Law Award.

[2] Mr P Baker, for the applicant, presented a submission to the Commission which, simply stated, identified that the award was to be replaced with an industrial agreement to be known as the Legal Practitioners Agreement 2005. He also submitted that the award was not considered to be relevant in the current circumstances.

[3] Mr Di Pretoro, for The Community and Public Sector Union (State Public Services Federation Tasmania) Inc., strongly opposed rescission of the award and submitted that the award would still have relevance to legal practitioners at the expiration of the current agreement within the State Government system.

[4] Section 32(7A) of the Act states -

    "The Commission may, of its own motion or upon application by an organization and after consultation with such organizations as it considers appropriate, by notice in the Gazette, rescind an award it considers no longer serves any useful purpose."

[5] After consideration of the submissions by the parties, it is my opinion that at this point in time there is still a need for the award to exist.

[6] I hereby determine that the Legal Practitioners And Apprentices At Law Award not be rescinded and the application is dismissed, and I so Order.

 

James P McAlpine
COMMISSIONER

Appearances:
Mr P Baker for the Minister Administering the State Service Act 2000
Mr Di Pretoro for The Community and Public Sector Union (State Public Services Federation Tasmania) Inc.

Date and place of hearing:
2005
September 13
Hobart